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BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
authority, or to obtain and disclose the data, when it is reasonably practicable for them
to do so. Both authorisations and notices are explained in more detail within this
chapter.
The applicant
3.3. The applicant is a person involved in conducting an investigation or operation
for a relevant public authority who makes an application in writing or electronically
for the acquisition of communications data. The applicant completes an application
form, setting out for consideration by the designated person, the necessity and
proportionality of a specific requirement for acquiring communications data.
3.4. An application may be made orally in exceptional circumstances, but a record
of that application must be made in writing or electronically as soon as possible, and
certainly within one working day (paragraphs 3.65 ‑ 3.71 provide more detail on
urgent procedures).
3.5. An application – the original or a copy of which must be retained by the SPoC
within the public authority – must:
include the name (or designation) and the office, rank or position held by
the person making the application;
include a unique reference number;
include the operation name (if applicable) to which the application relates;
specify the purpose for which the data is required, by reference to a
statutory purpose under 22(2) of RIPA;
describe the communications data required, specifying, where relevant, any
historic or future date(s) and, where appropriate, time period(s);
describe whether the communications data relates to a victim, a witness, a
complainant, a suspect, next of kin, vulnerable person or other person
relevant to the investigation or operation;
explain why the acquisition of that data is considered necessary and
proportionate to what is sought to be achieved by acquiring it;
consider and, where appropriate, describe any meaningful collateral
intrusion – the extent to which the rights of any individual not under
investigation may be infringed and why that intrusion is justified in the
circumstances;
consider and, where appropriate, describe any possible unintended
consequences of the application; and
identify and explain the time scale within which the data is required.
3.6. The application should record subsequently whether it was approved by a
designated person, by whom and when that decision was made. If approved, the
application form should, to the extent necessary, be cross‑referenced to any
authorisation granted or notice given.
The designated person
3.7. The designated person is a person holding a prescribed office in a relevant
public authority. It is the designated person’s responsibility to consider the application
and record their considerations at the time (or as soon as is reasonably practicable) in